“No matter how little or how much property you may own, you want to be sure that it is distributed to the intented people after your death. It would be very comforting to know that at the time your loved ones are mourning your death, you will have done everything in your power to avoid problems. A will lets you choose your heirs and clearly outline your last wishes, including your desire or not to donate your organs and bodily tissues. If you do not make a will, the law will instead determine who inherits your property. A proper will is a guarantee that your last wishes will be respected. It will also make settling your estate (succession) that much easier. “
Several good reasons for choosing a notarial will |
A will is an extremely important legal document as the settlement of your estate is based on it. It is therefore essential that the will be well drafted, complete, and above all, free of ambiguity. When you have recourse to our services, our expertise in the planning of estates and drafting of legal documents, you can be sure that there will be no problems in the interpretation of your will.
As notaries, we know how important it is to choose the right words and we will formulate your last wishes in legal terms. We will also help you remember everything that should be included to make the settlement of your estate an easy task. Another advantage of a notarial will is that the
notary will keep the original in a safe place, where it cannot be lost or destroyed. Finally, we will enter your document in the Register of Testamentary Dispositions of the Chambre des notaires du Québec.
The will itself is not filed in the Register, only the fact of its existence is recorded, thus maintaining confidentiality while making it easy to locate after your death.
We encourage you to read The notarized will from the Chambres des notaires or contact us by e-mail at [email protected].
The notarial will also allows your heirs to avoid significant costs and delays after your death.
Mandate given in anticipation of incapacity |
The prospect of losing the ability to decide for oneself is not a pleasant one. Yet, none of us can be sure of being spared a serious accident or disease which might deprive us of our mental faculties. Should this calamity befall you, who would look after you and your belongings?
The law allows any person of sound mind to determine, in a “mandate in anticipation of incapacity”, who will take care of his or her person and belongings should that person become incapacitated.
Ideally, the mandate should be drawn up before a notary. This enables the mandator to obtain complete information and advice from a legal authority concerning the usefulness and consequences of a mandate, when and how it comes into force, and so on.
A notarial mandate provides greater security because it is difficult to contest. The notary ensures that the person who signs the mandate understands its scope and significance and is in full command of his faculties. Mandators and mandataries may obtain as many copies as they need, since the original is kept for safekeeping by the notary in whose presence it was signed.